News
19 August, 2025
Building tent-sion
THE Supreme Court has temporarily stopped Moreton Bay Council from evicting rough sleepers in Kallangur after granting an injunction last Friday (August 15) that had been filed by 11 homeless residents of a bush reserve next to Goodfellows Road.
The court’s decision, which has stopped Council from enforcing compliance notices, comes ahead of a hearing in November to determine if Council’s homelessness policies have violated human rights laws.
Justice Paul Smith said the applicants had established a prima facie case that Council had failed to properly consider potential breaches of the Human Rights Act before passing its changes to local laws.
“If shelter was to be taken away, the applicants would be placed at serious risk of harm from being exposed to the elements,” Justice Smith said, according to The Guardian.
“I find there is a reasonable argument on the part of the applicants that the relevant decisions infringe these particular rights and insufficient considerations given to those rights before the decisions were made.”
Justice Smith added that despite what was submitted by Council, he formed the view that without an undertaking or order, there was “a risk that Council will seize and destroy the applicants’ belongings, including shelters.”
Justice Smith acknowledged some in the community might “complain” about people experiencing homelessness living in tents around them, but said the Human Rights Act protects the homeless.
“The Human Rights Act provides protections to all citizens, including the homeless, and I consider it to be wrong not to protect vulnerable applicants from the potential loss of their homes in the midst of winter,” he said.
The legal challenges were launched by Basic Rights Queensland alongside pro bono lawyers from Hall & Wilcox and other firms, who are representing rough sleepers and local charities, Northwest Community Group and Nourish Street.
City of Moreton Bay Acting Chief Executive Officer, Matt Anderson, said the injunction allows rough sleepers to remain in the park “for now,” and reassured the public Council will comply with the decision.
“It is disappointing to see people still sleeping rough when the court acknowledged factual discrepancies about other housing options that may be available to the applicants,” he said in a statement.
“As a community, we should all be working towards ending homelessness. Bringing this matter to Court does nothing to resolve this issue. Council remains focused on helping these individuals get accommodation.”
Mr Anderson added that the Council would continue to work with the State Government “and reputable service providers to help rough sleepers into appropriate accommodation and deliver practical solutions, while upholding our Local Laws and community expectations of public safety and access to public places for the entire community.”
Community groups Northwest Community Group (NWCG) and Nourish Street – who provide direct support to people sleeping rough – welcomed the court’s decision, saying it confirmed their position that punitive policies are unlawful, unsafe, and unsustainable.
Nourish Street president and founder, Beau Haywood, said the judgment should mark a turning point in how councils respond to homelessness.
“The Attorney-General and the Human Rights Commission are watching this case because the stakes are bigger than Moreton Bay – this is about whether councils across Queensland can continue treating homelessness as a crime,” he said.
“This is a chance to reset, to consult with frontline organisations who are proving every day that when people are treated with dignity, they can stabilise and thrive.”
NWCG president, Paul Slater, said this decision reinforced that “people’s basic human rights come first.”
“For too long, councils have been destroying homes and belongings instead of working with community to find real solutions,” he said.
“In the last two and a half years, I have personally put up more than 1000 tents for people who had nowhere else to go.
“We don’t want to see people living in temporary shelters either – but until there is adequate housing and support, we refuse to let people be forced into the gutter.”
Mr Slater added councils should not be using punitive approaches to solve the growing homelessness crisis. He said that instead they should sit down with the community to develop solutions that “serve everyone.”
“If mayors and councillors cannot uphold the Human Rights Act and work constructively with frontline groups, then they should step aside so that people who understand the urgency of this crisis can act in good faith and do the right thing,” Mr Slater said.
Basic Rights Queensland, which is representing the 11 Kallangur residents, said the decision confirmed human rights apply to everyone, including the homeless.
“Our clients can sleep a little more easily tonight knowing they won’t be forced from their shelter, or have machinery destroy their tents while their case is being heard,” they said.
The injunction will remain in place until the full case is heard in November.
